The Committee on the Judiciary moves to amend the bill on page
seven, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:

That §16-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3,
§16-5H-4, §16-5H-5, §16-5H-6, §16-5H-7, §16-5H-8, §16-5H-9 and §16-5H-10; that §30-1-7a of said code be amended and reenacted; that
§30-5-3 of said code be amended and reenacted; that §60A-3-308 of
said code be amended and reenacted; that §60A-9-3, §60A-9-4,
§60A-9-5 and §60A-9-7 of said code be amended and reenacted; that
said code be amended by adding thereto three new sections,
designated §60A-9-4a, §60A-9-5a and §60A-9-8; that §60A-10-3,
§60A-10-4, §60A-10-5, §60A-10-7, §60A-10-8 and §60A-10-11 of said
code be amended and reenacted; that said code be amended by adding
thereto a new section, designated 60A-10-16; and that §61-12-10 of
said code be amended and reenacted, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-4. Proposal of rules by the secretary.

(a) The secretary may propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code
that are necessary and proper to effectuate the purposes of this
chapter. The secretary may appoint or designate advisory councils
of professionals in the areas of hospitals, nursing homes, barbers
and beauticians, postmortem examinations, mental health and
intellectual disability centers and any other areas necessary to
advise the secretary on rules.

(b) The rules may include, but are not limited to, the
regulation of:

(a)(1) Land usage endangering the public health: Provided,
That no rules may be promulgated or enforced restricting the
subdivision or development of any parcel of land within which the
individual tracts, lots or parcels exceed two acres each in total
surface area and which individual tracts, lots or parcels have an
average frontage of not less than one hundred fifty feet even
though the total surface area of the tract, lot or parcel equals or
exceeds two acres in total surface area, and which tracts are sold,
leased or utilized only as single-family dwelling units.
Notwithstanding the provisions of this subsection, nothing in this
section may be construed to abate the authority of the department
to:

(1)(A) Restrict the subdivision or development of a tract for
any more intense or higher density occupancy than a single-family
dwelling unit;

(3)(C) Restrict any subdivision or development which might
endanger the public health, the sanitary condition of streams or
sources of water supply;

(b)(2) The sanitary condition of all institutions and
schools, whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, all other
places open to the general public and inviting public patronage or
public assembly, or tendering to the public any item for human
consumption and places where trades or industries are conducted;

(c)(3) Occupational and industrial health hazards, the
sanitary conditions of streams, sources of water supply, sewerage
facilities and plumbing systems and the qualifications of personnel
connected with any of those facilities, without regard to whether
the supplies or systems are publicly or privately owned; and the
design of all water systems, plumbing systems, sewerage systems,
sewage treatment plants, excreta disposal methods and swimming
pools in this state, whether publicly or privately owned;

(d)(4) Safe drinking water, including:

(1)(A) The maximum contaminant levels to which all public
water systems must conform in order to prevent adverse effects on
the health of individuals and, if appropriate, treatment techniques
that reduce the contaminant or contaminants to a level which will
not adversely affect the health of the consumer. The rule shall
contain provisions to protect and prevent contamination of
wellheads and well fields used by public water supplies so that
contaminants do not reach a level that would adversely affect the
health of the consumer;

(2)(B) The minimum requirements for: Sampling and testing;
system operation; public notification by a public water system on
being granted a variance or exemption or upon failure to comply
with specific requirements of this section and rules promulgated
under this section; record keeping; laboratory certification; as
well as procedures and conditions for granting variances and
exemptions to public water systems from state public water systems
rules; and

(3)(C) The requirements covering the production and
distribution of bottled drinking water and may establish
requirements governing the taste, odor, appearance and other
consumer acceptability parameters of drinking water;

(e)(5) Food and drug standards, including cleanliness,
proscription of additives, proscription of sale and other
requirements in accordance with article seven of this chapter as
are necessary to protect the health of the citizens of this state;

(f)(6) The training and examination requirements for
emergency medical service attendants and emergency medical care
technician- paramedics; the designation of the health care
facilities, health care services and the industries and occupations
in the state that must have emergency medical service attendants
and emergency medical care technician-paramedics employed and the
availability, communications and equipment requirements with
respect to emergency medical service attendants and to emergency
medical care technician-paramedics. Provided, That Any regulation
of emergency medical service attendants and emergency medical care
technician- paramedics may not exceed the provisions of article
four-c of this chapter;

(g)(7) The health and sanitary conditions of establishments
commonly referred to as bed and breakfast inns. For purposes of
this article, "bed and breakfast inn" means an establishment
providing sleeping accommodations and, at a minimum, a breakfast
for a fee. Provided, That The secretary may not require an owner
of a bed and breakfast providing sleeping accommodations of six or
fewer rooms to install a restaurant-style or commercial food
service facility. Provided, however, That The secretary may not
require an owner of a bed and breakfast providing sleeping
accommodations of more than six rooms to install a restaurant-type
or commercial food service facility if the entire bed and breakfast
inn or those rooms numbering above six are used on an aggregate of
two weeks or less per year;

(h)(8) Fees for services provided by the Bureau for Public
Health including, but not limited to, laboratory service fees,
environmental health service fees, health facility fees and permit
fees;

(i)(9) The collection of data on health status, the health
system and the costs of health care;

(j)(10) Opioid treatment programs duly licensed and operating
under the requirements of chapter twenty-seven of this code.

(A) The Health Care Authority shall develop new certificate of
need standards, pursuant to the provisions of article two-d of this
chapter, that are specific for opioid treatment program facilities.

(B) No applications for a certificate of need for opioid
treatment programs shallmay be approved by the Health Care
Authority as of the effective date of the 2007 amendments to this
subsection. The secretary shall promulgate revised emergency rules
to govern licensed programs: Provided, That

(C) There is a moratorium on the licensure of new opioid
treatment programs that do not have a certificate of need as of the
effective date of the 2007 amendments to this subsection, which
shall continue until the Legislature determines that there is a
necessity for additional opioid treatment facilities in West
Virginia.

(D) The secretary shall file revised emergency rules with the
Secretary of State to regulate opioid treatment programs in
compliance with subsections (1) through (9), inclusive, of the
provisions of this section. Provided, however, That Any opioid
treatment program facility that has received a certificate of need
pursuant to article two-d, of this chapter by the Health Care
Authority shall be permitted to proceed to license and operate the
facility.

(E) All existing opioid treatment programs shall be subject to
monitoring by the secretary. All staff working or volunteering at
opioid treatment programs shall complete the minimum education,
reporting and safety training criteria established by the
secretary. All existing opioid treatment programs shall be in
compliance within one hundred eighty days of the effective date of
the revised emergency rules as required herein. The revised
emergency rules shall provide at a minimum:

(i) That the initial assessment prior to admission for entry
into the opioid treatment program shall include an initial drug
test to determine whether an individual is either opioid addicted
or presently receiving methadone for an opioid addiction from
another opioid treatment program.

(ii) The patient may be admitted to the opioid treatment
program if there is a positive test for either opioids or methadone
or there are objective symptoms of withdrawal, or both, and all
other criteria set forth in the rule for admission into an opioid
treatment program are met. Provided, That Admission to the program
may be allowed to the following groups with a high risk of relapse
without the necessity of a positive test or the presence of
objective symptoms: Pregnant women with a history of opioid abuse,
prisoners or parolees recently released from correctional
facilities, former clinic patients who have successfully completed
treatment but who believe themselves to be at risk of imminent
relapse and HIV patients with a history of intravenous drug use.

(2)(iii) That within seven days of the admission of a
patient, the opioid treatment program shall complete an initial
assessment and an initial plan of care.

(iv) That within thirty days after admission of a patient,Subsequently, the opioid treatment program shall develop aan
individualized treatment plan of care by the thirtieth day after
admission and attach the plan to the patient's chart no later than
five days after suchthe plan is developed. The opioid treatment
program shall follow guidelines established by a nationally
recognized authority approved by the secretary and include a
recovery model in the individualized treatment plan of care. The
treatment plan is to reflect that detoxification is an option for
treatment and supported by the program; that under the
detoxification protocol the strength of maintenance doses of
methadone should decrease over time, the treatment should be
limited to a defined period of time, and participants are required
to work toward a drug-free lifestyle.

(3)(v) That each opioid treatment program shall report and
provide statistics to the Department of Health and Human Resources
at least semiannually which includes the total number of patients;
the number of patients who have been continually receiving
methadone treatment in excess of two years, including the total
number of months of treatment for each such patient; the state
residency of each patient; the number of patients discharged from
the program, including the total months in the treatment program
prior to discharge and whether the discharge was for:

(A) Termination or disqualification;

(B) Completion of a program of detoxification;

(C) Voluntary withdrawal prior to completion of all
requirements of detoxification as determined by the opioid
treatment program; or

(D) Successful completion of the individualized treatment care
plan; or

(E) An unexplained reason.

(4)(vi) That random drug testing of all patients shall be
conducted during the course of treatment at least monthly. For
purposes of these rules, “random drug testing”shall meanmeans
that each patient of an opioid treatment program facility has a
statistically equal chance of being selected for testing at random
and at unscheduled times. Any refusal to participate in a random
drug test shall be considered a positive test. Provided, That
Nothing contained in this section or the legislative rules
promulgated in conformity herewith will preclude any opioid
treatment program from administering such additional drug tests as
determined necessary by the opioid treatment program.

(5)(vii) That all random drug tests conducted by an opioid
treatment program shall, at a minimum, test for the following:

(A) Opiates, including oxycodone at common levels of dosing; (B) Methadone and any other medication used by the program as
an intervention;

(F) Tetrahydrocannabinol, delta-9-tetrahydrocannabinol or
dronabinol or other similar substances; or

(G) Other drugs determined by community standards, regional
variation or clinical indication.

(viii) That a positive drug test is a test that results in the
presence of any drug or substance listed in this schedule and any
other drug or substance prohibited by the opioid treatment program.(6) That A positive drug test result after the first six months in
an opioid treatment program shall result in the following:

(A) Upon the first positive drug test result, the opioid
treatment program shall:

(1) Provide mandatory and documented weekly counseling of no
less than thirty minutes to the patient, which shall include weekly
meetings with a counselor who is licensed, certified or enrolled in
the process of obtaining licensure or certification in compliance
with the rules and on staff at the opioid treatment program;

(2) Immediately revoke the take home methadone privilege for
a minimum of thirty days; and

(B) Upon a second positive drug test result within six months
of a previous positive drug test result, the opioid treatment
program shall:

(1) Provide mandatory and documented weekly counseling of no
less than thirty minutes, which shall include weekly meetings with
a counselor who is licensed, certified or enrolled in the process
of obtaining licensure or certification in compliance with the
rules and on staff at the opioid treatment program;

(2) Immediately revoke the take-home methadone privilege for
a minimum of sixty days; and

(3) Provide mandatory documented treatment team meetings with
the patient.

(C) Upon a third positive drug test result within a period of
six months the opioid treatment program shall:

(1) Provide mandatory and documented weekly counseling of no
less than thirty minutes, which shall include weekly meetings with
a counselor who is licensed, certified or enrolled in the process
of obtaining licensure or certification in compliance with the
rules and on staff at the opioid treatment program;

(2) Immediately revoke the take-home methadone privilege for
a minimum of one hundred twenty days; and

(3) Provide mandatory and documented treatment team meetings
with the patient which will include, at a minimum: The need for
continuing treatment; a discussion of other treatment alternatives;
and the execution of a contract with the patient advising the
patient of discharge for continued positive drug tests.

(D) Upon a fourth positive drug test within a six-month
period, the patient shall be immediately discharged from the opioid
treatment program or, at the option of the patient, shall
immediately be provided the opportunity to participate in a twenty-
one day detoxification plan, followed by immediate discharge from
the opioid treatment program: Provided, That testing positive
solely for tetrahydrocannabinol, delta-9-tetrahydrocannabinol or
dronabinol or similar substances shall not serve as a basis for
discharge from the program.

(7)(ix) That the opioid treatment program must report and
provide statistics to the Department of Health and Human Resources
demonstrating compliance with the random drug test rules,
including: confirmation that:

(A) Confirmation that the random drug tests were truly random
in regard to both the patients tested and to the times random drug
tests were administered by lottery or some other objective standard
so as not to prejudice or protect any particular patient;

(B) Confirmation that the random drug tests were performed at
least monthly for all program participants;

(B)(C) The total number and the number of positive results;
and

(C)(D) The number of expulsions from the program.

(8)(x) That all opioid treatment facilities be open for
business seven days per week; however,Provided, That the opioid
treatment center may be closed for eight holidays and two training
days per year. During all operating hours, every opioid treatment
program shall have a health care professional as defined by rule
promulgated by the secretary actively licensed in this state
present and on duty at the treatment center and a physician
actively licensed in this state available for consultation.

(9)(xi) That the Office of Health Facility Licensure and
Certification develop policies and procedures in conjunction with
the Board of Pharmacy that will allow physicians treating patients
through an opioid treatment program access to the Prescription Drug
RegistryControlled Substances Monitoring Program database
maintained by the Board of Pharmacy at the patient’s intake, before
administration of methadone or other treatment in an opioid
treatment program, after the initial thirty days of treatment,
prior to any take-home medication being granted, after any positive
drug test, and at each ninety-day treatment review to ensure the
patient is not seeking prescription medication from multiple
sources. The results obtained from the Controlled Substances
Monitoring Program database shall be maintained with the patient
records.

(xii) That each opioid treatment program shall establish a
peer review committee, with at least one physician member, to
review whether the program is following guidelines established by
a nationally recognized authority approved by the secretary. The
secretary shall prescribe the procedure for evaluation by the peer
review. Each opioid treatment program shall submit a report of the
peer review results to the secretary on a quarterly basis.

(k)(xii) The secretary shall propose a rule for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code for the distribution of state
aid to local health departments and basic public health services
funds.

(1)The rule shall include the following provisions:

(A)Base allocation amount for each county;

(B)Establishment and administration of an emergency fund of
no more than two percent of the total annual funds of which unused
amounts are to be distributed back to local boards of health at the
end of each fiscal year;

(C)A calculation of funds utilized for state support of local
health departments;

(D) Distribution of remaining funds on a per capita weighted
population approach which factors coefficients for poverty, health
status, population density and health department interventions for
each county and a coefficient which encourages counties to merge in
the provision of public health services;

(E)A hold-harmless provision to provide that each local
health department receives no less in state support for a period of
four years beginning in the 2009 budget year.

(2) The Legislature finds that an emergency exists and,
therefore, the secretary shall file an emergency rule to implement
the provisions of this section pursuant to the provisions of
section fifteen, article three, chapter twenty-nine-a of this code.
The emergency rule is subject to the prior approval of the
Legislative Oversight Commission on Health and Human Resources
Accountability prior to filing with the Secretary of State.

(l)(xiv) Other health-related matters which the department is
authorized to supervise and for which the rule-making authority has
not been otherwise assigned.

ARTICLE 5H. CHRONIC PAIN CLINIC LICENSING ACT.

§16-5H-1. Purpose and short title.

This article shall be known as the Chronic Pain Clinic
Licensing Act. The purpose of this act is to establish licensing
requirements for facilities that treat patients for chronic pain
management in order to ensure that patients may be lawfully treated
for chronic pain by physicians in facilities that comply with
oversight requirements developed by the Department of Health and
Human Resources.

§16-5H-2. Definitions.

(a) “Chronic pain” means pain that has persisted after
reasonable medical efforts have been made to relieve the pain or
cure its cause and that has continued, either continuously or
episodically, for longer than three continuous months. For
purposes of this article, “chronic pain” does not include pain
associated with a terminal condition or with a progressive disease
that, in the normal course of progression, may reasonably be
expected to result in a terminal condition.

(b) “Director” means the Director of the Office of Health
Facility Licensure and Certification within the Office of the
Inspector General.

(c) “Owner” means any person, partnership, association or
corporation listed as the owner of a pain management clinic on the
licensing forms required by this article.

(d) “Pain management clinic” means all privately owned pain
management clinics, facilities or offices not otherwise exempted
from this article and which meets both of the following criteria:

(1) Where in any month more than fifty percent of patients of
the prescribers or dispensers are prescribed or dispensed opioids
or other controlled substances specified in rules promulgated
pursuant to this article for chronic pain resulting from non-malignant conditions;

(2) The facility meets any other identifying criteria
established by the secretary by rule.

(e) “Physician” means an individual authorized to practice
medicine or surgery or osteopathic medicine or surgery in this
state.

(f) “Prescriber” means an individual who is authorized by law
to prescribe drugs or drug therapy related devices in the course of
the individual’s professional practice, including only a medical or
osteopathic physician authorized to practice medicine or surgery;
a physician assistant or osteopathic physician assistant who holds
a certificate to prescribe drugs; or an advanced nurse practitioner
who holds a certificate to prescribe.

(g) “Secretary” means the Secretary of the West Virginia
Department of Health and Human Resources. The secretary may define
in rules any term or phrase used in this article which is not
expressly defined.

(a) No person, partnership, association or corporation may
operate a pain management clinic without first obtaining a license
from the secretary in accordance with the provisions of this
article and the rules lawfully promulgated pursuant to this
article.

(b) Any person, partnership, association or corporation
desiring a license to operate a pain management clinic in this
state shall file with the Office of Health Facility Licensure and
Certification an application in such form as the secretary shall
prescribe and furnish accompanied by a fee to be determined by the
secretary.

(c) The Director of the Office of Health Facility Licensure
and Certification or his or her designee shall inspect each
facility prior to issuing a license and review all documentation
submitted with the application. The secretary shall issue a
license if the facility is in compliance with the provisions of
this article and with the rules lawfully promulgated pursuant to
this article.

(d) A license shall expire one year from the date of issuance.
Sixty days prior to the expiration date, an application for renewal
shall be submitted on forms furnished by the secretary. A license
shall be renewed if the secretary determines that the applicant is
in compliance with this article and with all rules promulgated
pursuant to this article. A license issued to one facility
pursuant to this article is not transferable or assignable. A
change of ownership of a licensed pain management clinic requires
submission of a new application.

(e) The secretary or his or her designee shall inspect on a
periodic basis all pain management clinics that are subject to this
article and all rules adopted pursuant to this article to ensure
continued compliance.

§16-5H-4. Operational requirements.

(a) Any person, partnership, association or corporation that
desires to operate a pain management clinic in this state must
submit to the director documentation that the facility meets all of
the following requirements:

(1) The clinic shall be licensed in this state with the
secretary, the Secretary of State, the State Tax Department and all
other applicable business or license entities.

(2) The application shall list all owners of the clinic. At
least one owner shall be a physician actively licensed to practice
medicine, surgery or osteopathic medicine or surgery in this state.
The clinic shall notify the secretary of any change in ownership
within ten days of the change and must submit a new application
within the time frame prescribed by the secretary.

(3) Each pain management clinic shall designate a physician
owner who shall practice at the clinic and who will be responsible
for the operation of the clinic. Within ten days after termination
of a designated physician, the clinic shall notify the director of
the identity of another designated physician for that clinic.
Failing to have a licensed designated physician practicing at the
location of the clinic may be the basis for a suspension or
revocation of the clinic license. The designated physician shall:

(A) Have a full, active and unencumbered license to practice
medicine, surgery or osteopathic medicine or surgery in this state:

(B) Meet one of the following training requirements:

(i) Complete a pain medicine fellowship that is accredited by
the Accreditation Council for Graduate Medical Education or such
other similar program as may be approved by the secretary; or

(ii) Hold current board certification by the American Board of
Pain Medicine or current board certification by the American Board
of Anesthesiology or such other board certification as may be
approved by the secretary.

(C) Practice at the licensed clinic location for which the
physician has assumed responsibility;

(D) Be responsible for complying with all requirements related
to the licensing and operation of the clinic;

(E) Supervise, control and direct the activities of each
individual working or operating at the facility, including any
employee, volunteer or individual under contract, who provides
treatment of chronic pain at the clinic or is associated with the
provision of that treatment. The supervision, control and
direction shall be provided in accordance with rules promulgated by
the secretary.

(4) All persons employed by the facility shall comply with the
requirements for the operation of a pain management clinic
established by this article or by any rule adopted pursuant to this
article.

(5) No person may own or be employed by or associated with a
pain management clinic who has previously been convicted of, or
pleaded guilty to, any felony in this state or another state or
territory of the United States. All owners, employees, volunteers
or associates of the clinic shall undergo a criminal records check
prior to operation of the clinic or engaging in any work, paid or
otherwise. The application for license shall include copies of the
background check for each anticipated owner, physician, employee,
volunteer or associate. The secretary shall review the results of
the criminal records check and may deny licensure for any violation
of this requirement. The facility shall complete a criminal
records check on any subsequent owner, physician, employee,
volunteer or associate of the clinic and submit the results to the
secretary for continued review.

(6) The clinic may not be owned by, nor may it employ or
associate with, any physician or prescriber:

(A) Whose Drug Enforcement Administration number has ever been
revoked;

(B) Whose application for a license to prescribe, dispense or
administer a controlled substance has been denied by any
jurisdiction; or

(C) Who, in any jurisdiction of this state or any other state
or territory of the United States, has been convicted of or plead
guilty or nolo contendere to an offense that constitutes a felony
for receipt of illicit and diverted drugs, including controlled
substances, as defined by section one hundred one, article one,
chapter sixty-a of this code.

(7) A person may not dispense any medication, including a
controlled substance, as defined by section one hundred one,
article one, chapter sixty-a of this code, on the premises of a
licensed pain management clinic unless he or she is a physician or
pharmacist licensed in this state. Prior to dispensing or
prescribing controlled substances, as defined by section one
hundred one, article one, chapter sixty-a of this code, at a pain
management clinic, the treating physician must access the
Controlled Substances Monitoring Program database maintained by the
Board of Pharmacy to ensure the patient is not seeking controlled
substances from multiple sources. If the patient receives ongoing
treatment, the physician shall also review the Controlled
Substances Monitoring Program database at each patient examination
or at least every ninety days. The results obtained from the
Controlled Substances Monitoring Program database shall be
maintained with the patient’s medical records.

(8) Each clinic location shall be licensed separately,
regardless of whether the clinic is operated under the same
business name or management as another clinic.

(9) A pain management clinic shall not dispense to any patient
more than a seventy-two-hour supply of a controlled substance, as
defined by section one hundred one, article one, chapter sixty-a of
this code.

(10) The pain management clinic shall develop patient
protocols, treatment plans and profiles, as prescribed by the
secretary by rule, and which shall include, but not be limited by,
the following guidelines:

(A) When a physician diagnoses an individual as having chronic
pain, the physician may treat the pain by managing it with
medications in amounts or combinations that may not be appropriate
when treating other medical conditions. The physician’s diagnosis
shall be made after having the individual evaluated by one or more
other physicians who specialize in the treatment of the area,
system or organ of the body perceived as the source of the pain
unless the individual has been previously diagnosed as suffering
from chronic pain and is referred to the pain management clinic by
such diagnosing physician. The physician’s diagnosis and treatment
decisions shall be made according to accepted and prevailing
standards for medical care.

(B) The physician shall maintain a record of all of the
following:

(i) Medical history and physical examination of the
individual;

(ii) The diagnosis of chronic pain, including signs, symptoms
and causes;

(iii) The plan of treatment proposed, the patient’s response
to the treatment and any modification to the plan of treatment;

(iv) The dates on which any medications were prescribed,
dispensed or administered, the name and address of the individual
to or for whom the medications were prescribed, dispensed or
administered and the amounts and dosage forms for the drugs
prescribed, dispensed or administered;

(v) A copy of the report made by the physician to whom
referral for evaluation was made.

(C) A physician, physician assistant, certified registered
nurse anesthetist or advanced nurse practitioner shall perform a
physical examination of a patient on the same day that the
physician initially prescribes, dispenses or administers a
controlled substance to a patient and at least four times a year
thereafter at a pain management clinic according to accepted and
prevailing standards for medical care.

(D) A physician authorized to prescribe controlled substances
who practices at a pain management clinic is responsible for
maintaining the control and security of his or her prescription
blanks and any other method used for prescribing controlled
substance pain medication. The physician shall comply with all
state and federal requirements for tamper-resistant prescription
paper. In addition to any other requirements imposed by statute or
rule, the physician shall notify the secretary in writing within
twenty-four hours following any theft or loss of a prescription
blank or breach of any other method for prescribing pain
medication.

(c) Upon satisfaction that an applicant has met all of the
requirements of this article, the secretary may issue a license to
operate a pain management clinic. An entity that obtains this
license may possess, have custody or control of, and dispense drugs
designated as Schedule II or Schedule III in sections two hundred
six or two hundred eight, article two, chapter sixty-a of this
code.

§16-5H-5. Exemptions.

(a) The following facilities are not pain management clinics
subject to the requirements of this article:

(1) A facility that is affiliated with an accredited medical
school at which training is provided for medical or osteopathic
students, residents or fellows, podiatrists, dentists, nurses,
physician assistants, veterinarians or any affiliated facility to
the extent that it participates in the provision of the
instruction;

(2) A facility that does not prescribe or dispense controlled
substances for the treatment of chronic pain;

(3) A hospital licensed in this state, a facility located on
the campus of a licensed hospital that is owned, operated or
controlled by that licensed hospital, and an ambulatory health care
facility as defined by section two, article two-d, chapter 16 that
is owned, operated or controlled by a licensed hospital;

(4) A physician practice owned or controlled, in whole or in
part, by a licensed hospital or by an entity that owns or controls,
in whole or in part, one or more licensed hospitals;

(8) A facility conducting clinical research that may use
controlled substances in studies approved by a hospital-based
institutional review board or an institutional review board
accredited by the association for the accreditation of human
research protection programs.

(b) Any facility that is not included in this section may
petition to the secretary for an exemption from the requirements of
this article. All such petitions are subject to the administrative
procedures requirements of chapter twenty-nine-a of this code.

§16-5H-6. Inspection.

(a) The Office of Health Facility Licensure and Certification
shall inspect each pain management clinic annually, including a
review of the patient records, to ensure that it complies with this
article and the applicable rules.

(b) During an onsite inspection, the inspector shall make a
reasonable attempt to discuss each violation with the designated
physician or other owners of the pain management clinic before
issuing a formal written notification.

(c) Any action taken to correct a violation shall be
documented in writing by the designated physician or other owners
of the pain management clinic and verified by follow-up visits by
the Office of Health Facility Licensure and Certification.

§16-5H-7. Suspension; revocation.

(a) The secretary may suspend or revoke a license issued
pursuant to this article if the provisions of this article or of
the rules promulgated pursuant to this article are violated. The
secretary may revoke a clinic’s license and prohibit all physicians
associated with that pain management clinic from practicing at the
clinic location based upon an annual or periodic inspection and
evaluation.

(b) Before any such license is suspended or revoked, however,
written notice shall be given the licensee, stating the grounds of
the complaint, and the date, time and place set for the hearing on
the complaint, which date shall not be less than thirty days from
the time notice is given. The notice shall be sent by certified
mail to the licensee at the address where the pain management
clinic concerned is located. The licensee shall be entitled to be
represented by legal counsel at the hearing.

(c) If a license is revoked as herein provided, a new
application for a license shall be considered by the secretary if,
when and after the conditions upon which revocation was based have
been corrected and evidence of this fact has been furnished. A new
license shall then be granted after proper inspection has been made
and all provisions of this article and rules promulgated pursuant
to this article have been satisfied.

(d) All of the pertinent provisions of article five, chapter
twenty-nine-a of this code shall apply to and govern any hearing
authorized and required by the provisions of this article and the
administrative procedure in connection therewith.

(e) Any applicant or licensee who is dissatisfied with the
decision of the secretary as a result of the hearing provided in
this section may, within thirty days after receiving notice of the
decision, appeal the decision to the Circuit Court of Kanawha
County, in term or in vacation, for judicial review of the
decision.

(f) The court may affirm, modify or reverse the decision of
the secretary and either the applicant or licensee or the secretary
may appeal from the court's decision to the Supreme Court of
Appeals.

(g) If the license of a pain management clinic is revoked or
suspended, the designated physician of the clinic, any other owner
of the clinic or the owner or lessor of the clinic property shall
cease to operate the facility as a pain management clinic as of the
effective date of the suspension or revocation. The owner or
lessor of the clinic property is responsible for removing all signs
and symbols identifying the premises as a pain management clinic
within thirty days.

(h) Upon the effective date of the suspension or revocation,
the designated physician of the pain management clinic shall advise
the secretary and the Board of Pharmacy of the disposition of all
drugs located on the premises. The disposition is subject to the
supervision and approval of the secretary. Drugs that are
purchased or held by a pain management clinic that is not licensed
may be deemed adulterated.

(i) If the license of a pain management clinic is suspended or
revoked, any person named in the licensing documents of the clinic,
including persons owning or operating the pain management clinic,
may not, as an individual or as part of a group, apply to operate
another pain management clinic for five years after the date of
suspension or revocation.

(j) The period of suspension for the license of a pain
management clinic shall be prescribed by the secretary, but may not
exceed one year.

§16-5H-8. Violations; penalties; injunction.

(a) Any person, partnership, association or corporation which
establishes, conducts, manages or operates a pain management clinic
without first obtaining a license therefor as herein provided, or
which violates any provisions of this article or any rule lawfully
promulgated pursuant to this article, shall be assessed a civil
penalty by the secretary in accordance with this subsection. Each
day of continuing violation after conviction shall be considered a
separate violation:

(1) If a pain management clinic or any owner or designated
physician is found to be in violation of any provision of this
article, unless otherwise noted herein, the secretary may suspend
or revoke the clinic’s license.

(2) If the clinic’s designated physician knowingly and
intentionally misrepresents actions taken to correct a violation,
the secretary may impose a civil penalty not to exceed $10,000,
and, in the case of an owner-operated pain management clinic,
revoke or deny a pain management clinic’s license.

(3) If an owner or designated physician of a pain management
clinic concurrently operates an unlicensed pain management clinic,
the secretary may impose a civil penalty upon the owner or
physician, or both, not to exceed $5,000 per day.

(4) If the owner of a pain management clinic that requires a
license under this article fails to apply for a new license for the
clinic upon a change-of-ownership and operates the clinic under the
new ownership, the secretary may impose a civil penalty not to
exceed $5,000.

(5) If a physician knowingly operates, owns or manages an
unlicensed pain management clinic that is required to be licensed
pursuant to this article; knowingly prescribes or dispenses or
causes to be prescribed or dispensed, controlled substances in an
unlicensed pain management clinic that is required to be licensed;
or licenses a pain management clinic through misrepresentation or
fraud; procures or attempts to procure a license for a pain
management clinic for any other person by making or causing to be
made any false representation, the secretary may assess a civil
penalty of not more than $20,000. The penalty may be in addition
to or in lieu of any other action that may be taken by the
secretary or any other board, court or entity.

(b) Notwithstanding the existence or pursuit of any other
remedy, the secretary may, in the manner provided by law, maintain
an action in the name of the state for an injunction against any
person, partnership, association, or corporation to restrain or
prevent the establishment, conduct, management or operation of any
pain management clinic or violation of any provisions of this
article or any rule lawfully promulgated thereunder without first
obtaining a license therefor in the manner hereinbefore provided.

(c) In determining whether a penalty is to be imposed and in
fixing the amount of the penalty, the secretary shall consider the
following factors:

(1) The gravity of the violation, including the probability
that death or serious physical or emotional harm to a patient has
resulted, or could have resulted, from the pain management clinic’s
actions or the actions of the designated or practicing physician,
the severity of the action or potential harm, and the extent to
which the provisions of the applicable laws or rules were violated;

(2) What actions, if any, the owner or designated physician
took to correct the violations;

(3) Whether there were any previous violations at the pain
management clinic; and

(4) The financial benefits that the pain management clinic
derived from committing or continuing to commit the violation.

(d)Upon finding that a physician has violated the provisions
of this article or rules adopted pursuant to this article, the
secretary shall provide notice of the violation to the applicable
licensing board.

§16-5H-9. Rules.

(a) The Secretary of the Department of Health and Human
Resources, in collaboration with the West Virginia Board of
Medicine and the West Virginia Board of Osteopathy, shall
promulgate rules in accordance with the provisions of chapter
twenty-nine-a of this code for the licensure of pain management
clinics to ensure adequate care, treatment, health, safety, welfare
and comfort of patients at these facilities. These rules shall
include, at a minimum:

(1) The process to be followed by applicants seeking a
license;

(2) The qualifications and supervision of licensed and
non-licensed personnel at pain management clinics and training
requirements for all facility health care practitioners who are not
regulated by another board;

(3) The provision and coordination of patient care, including
the development of a written plan of care;

(4) The management, operation, staffing and equipping of the
pain management clinic;

(5) The clinical, medical, patient and business records kept
by the pain management clinic;

(6) The procedures for inspections and for the review of
utilization and quality of patient care;

(7) The standards and procedures for the general operation of
a pain management clinic, including facility operations, physical
operations, infection control requirements, health and safety
requirements and quality assurance;

(8) Identification of drugs that may be used to treat chronic
pain that identify a facility as a pain management clinic,
including, at a minimum, tramadol and carisoprodol;

(9) Any other criteria that identify a facility as a pain
management clinic;

(10) The standards and procedures to be followed by an owner
in providing supervision, direction and control of individuals
employed by or associated with a pain management clinic;

(11) Data collection and reporting requirements; and

(12) Such other standards or requirements as the secretary
determines are appropriate.

(b) The rules authorized by this section may be filed as
emergency rules if deemed necessary to promptly effectuate the
purposes of this article.

16-5h-10. Advertisement disclosure.

Any advertisement made by or on behalf of a pain management
clinic through public media, such as a telephone directory, medical
directory, newspaper or other periodical, outdoor advertising,
radio or television, or through written or recorded communication,
concerning the treatment of chronic pain, as defined in section two
of this article, shall include the name of, at a minimum, one
physician owner responsible for the content of the advertisement.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.

§30-1-7a. Continuing education.

(a) Each board referred to in this chapter shall establish
continuing education requirements as a prerequisite to license
renewal. Each board shall develop continuing education criteria
appropriate to its discipline, which shall include, but not be
limited to, course content, course approval, hours required and
reporting periods.

(b) (1) Notwithstanding any other provision of this code or
the provision of any rule to the contrary, each person issued a
license to practice medicine and surgery or a license to practice
podiatry or a license as a physician assistant by the West Virginia
Board of Medicine, each person licensed as a pharmacist by the West
Virginia Board of Pharmacy, each person licensed to practice
registered professional nursing or licensed as an advanced nurse
practitioner by the West Virginia Board of Examiners for Registered
Professional Nurses, each person licensed as a licensed practical
nurse by the West Virginia State Board of Examiners for licensed
Practical Nurses and each person licensed to practice medicine and
surgery as an osteopathic physician and surgeon or certified as an
osteopathic physician assistant by the West Virginia Board of
Osteopathy shall complete two hours of continuing education
coursework in the subject of end-of-life care including pain
management during each continuing education reporting period
through the reporting period ending June 30, 2005. The two hours
shall be part of the total hours of continuing education required
by each board by rule and not two additional hours.

(2) Effective as of the reporting period beginning July 1,
2005, the coursework requirement imposed by this subsection will
become a one-time requirement, and all licensees who have not
completed the coursework requirement shall complete the coursework
requirement prior to his or her first license renewal.

(b) Notwithstanding any other provision of this code or the
provision of any rule to the contrary, each person issued a license
to practice medicine and surgery or a license to practice podiatry
or licensed as a physician assistant by the West Virginia Board of
Medicine, each person issued a license to practice dentistry by the
West Virginia Board of Dental Examiners, each person issued a
license to practice optometry by the West Virginia Board of
Optometry, each person licensed as a pharmacist by the West
Virginia Board of Pharmacy, each person licensed to practice
registered professional nursing or licensed as an advanced nurse
practitioner by the West Virginia Board of Examiners for Registered
Professional Nurses, each person licensed as a licensed practical
nurse by the West Virginia State Board of Examiners for Licensed
Practical Nurses and each person licensed to practice medicine and
surgery as an osteopathic physician and surgeon or licensed or
certified as an osteopathic physician assistant by the West
Virginia Board of Osteopathy shall complete drug diversion training
and best practice prescribing of controlled substances training, as
the trainings are established by his or her respective licensing
board, if that person prescribes, administers, or dispenses a
controlled substance, as that term is defined in section one
hundred one, article one, chapter sixty-a of this code.

(1) Notwithstanding any other provision of this code or the
provision of any rule to the contrary, the West Virginia Board of
Medicine, the West Virginia Board of Dental Examiners, the West
Virginia Board of Optometry, the West Virginia Board of Pharmacy,
the West Virginia Board of Examiners for Registered Professional
Nurses, the West Virginia State Board of Examiners for Licensed
Practical Nurses and the West Virginia Board of Osteopathy shall
establish continuing education requirements and criteria
appropriate to their respective discipline on the subject of drug
diversion training and best practice prescribing of controlled
substances training for each person issued a license or certificate
by their respective board who prescribes, administers or dispenses
a controlled substance, as that term is defined in section one
hundred one, article one, chapter sixty-a of this code, and shall
develop a certification form pursuant to subdivision (b)(2) of this
section.

(2) Each person who receives his or her initial license or
certificate from any of the boards set forth in subsection (b)
shall complete the continuing education requirements set forth in
subsection (b) within one year of receiving his or her initial
license from that board and each person licensed or certified by
any of the boards set forth in subsection (b) who has held his or
her license or certificate for longer than one year shall complete
the continuing education requirements set forth in subsection (b)
as a prerequisite to each license renewal: Provided, That a person
subject to subsection (b) may waive the continuing education
requirements for license renewal set forth in subsection (b) if he
or she completes and submits to his or her licensing board a
certification form developed by his or her licensing board
attesting that he or she has not prescribed, administered, or
dispensed a controlled substance, as that term is defined in
section one hundred one, article one, chapter sixty-a of this code,
during the entire applicable reporting period.

§30-5-3. When licensed pharmacist required; person not licensed
pharmacist, pharmacy technician or licensed intern not
to compound prescriptions or dispense poisons or
narcotics; licensure of interns; prohibiting the
dispensing of prescription orders in absence of
practitioner-patient relationship.

(a) It is unlawful for any person not a pharmacist, or who
does not employ a pharmacist, to conduct any pharmacy or store for
the purpose of retailing, compounding or dispensing prescription
drugs or prescription devices.

(b) It is unlawful for the proprietor of any store or
pharmacy, any ambulatory health care facility, as that term is
defined in section one, article five-b, chapter sixteen of this
code, that offers pharmaceutical care, or a facility operated to
provide health care or mental health care services free of charge
or at a reduced rate and that operates a charitable clinic pharmacy
to permit any person not a pharmacist to compound or dispense
prescriptions or prescription refills or to retail or dispense the
poisons and narcotic drugs named in sections two, three and six,
article eight, chapter sixteen of this code: Provided, That a
licensed intern may compound and dispense prescriptions or
prescription refills under the direct supervision of a pharmacist:
Provided, however, That registered pharmacy technicians may assist
in the preparation and dispensing of prescriptions or prescription
refills, including, but not limited to, reconstitution of liquid
medications, typing and affixing labels under the direct
supervision of a licensed pharmacist.

(c) It is the duty of a pharmacist or employer who employs an
intern to license the intern with the board within ninety days
after employment. The board shall furnish proper forms for this
purpose and shall issue a certificate to the intern upon licensure.

(d) The experience requirement for licensure as a pharmacist
shall be computed from the date certified by the supervising
pharmacist as the date of entering the internship. If the
internship is not registered with the Board of Pharmacy, then the
intern shall receive no credit for suchthe experience when he or
she makes application for examination for licensure as a
pharmacist: Provided, That credit may be given for suchthe
unregistered experience if an appeal is made and evidence produced
showing experience was obtained but not registered and that failure
to register the internship experience was not the fault of the
intern.

(e) An intern having served part or all of his or her
internship in a pharmacy in another state or foreign country shall
be given credit for the same when the affidavit of his or her
internship is signed by the pharmacist under whom he or she served,
and it shows the dates and number of hours served in the internship
and when the affidavit is attested by the secretary of the State
Board of Pharmacy of the state or country where the internship was
served.

(f) Up to one third of the experience requirement for
licensure as a pharmacist may be fulfilled by an internship in a
foreign country.

(g) No pharmacist may compound or dispense any prescription
order when he or she has knowledge that the prescription was issued
by a practitioner without establishing an ongoinga valid
practitioner-patient relationship. An online or telephonic
evaluation by questionnaire, or an online or telephonic
consultation, is inadequate to establish an appropriatea valid
practitioner-patient relationship: Provided, That this prohibition
does not apply:

(1) In a documented emergency;

(2) In an on-call or cross-coverage situation; or

(3) Where patient care is rendered in consultation with
another practitioner who has an ongoing relationship with the
patient and who has agreed to supervise the patient's treatment,
including the use of any prescribed medications.

(a) Except when dispensed directly by a practitioner, other
than a pharmacy, to an ultimate user, no controlled substance in
Schedule II may be dispensed without the lawful prescription of a
practitioner.

(b) In emergency situations, as defined by rule of the said
appropriate department, board or agency, Schedule II drugs may be
dispensed upon oral prescription of a practitioner, reduced
promptly to writing and filed by the pharmacy. Prescription shall
be retained in conformity with the requirements of section three
hundred six of this article. No prescription for a Schedule II
substance may be refilled.

(c) Except when dispensed directly by a practitioner, other
than a pharmacy, to an ultimate user, a controlled substance
included in Schedule III or IV, which is a prescription drug as
determined under appropriate state or federal statute, shall not be
dispensed without a lawful prescription of a practitioner. The
prescription shall not be filled or refilled more than six months
after the date thereof or be refilled more than five times unless
renewed by the practitioner.

(d) (1) A controlled substance included in Schedule V shall
not be distributed or dispensed other than for a medicinal purpose:
Provided, That buprenorphine shall be dispensed only by
prescription pursuant to subsections (a), (b) and (c) of this
section: Provided, however, That the controlled substances
included in subsection (e), section two hundred twelve, article two
of this chapter shall be dispensed, sold or distributed only by a
physician, in a pharmacy by a pharmacist or pharmacy technician, or
health care professional.

(2) If the substance described in subsection (e), section two
hundred twelve, article two of this chapter is dispensed, sold or
distributed in a pharmacy:

(A) The substance shall be dispensed, sold or distributed only
by a pharmacist or a pharmacy technician; and

(B) Any person purchasing, receiving or otherwise acquiring
any such substance shall produce a photographic identification
issued by a state or federal governmental entity reflecting his or
her date of birth.

(e) Notwithstanding any provision of this code to the
contrary, on or after September 1, 2012, any practitioner or entity
prescribing or dispensing a combination of buprenorphine and
naloxone to treat opioid addiction shall only prescribe or dispense
said product in the form of sublingual film unless the sublingual
film is clinically contraindicated. If the prescriber or dispenser
determines that sublingual film is contraindicated he or she shall
document the reasons for not dispensing sublingual film in the
patient’s file or chart.

(a) On or before September 1, 2002, the Board of Pharmacy
shall implement a program wherein a central repository is
established and maintained which shall contain such information as
is required by the provisions of this article regarding Schedule
II, III and IV controlled substance prescriptions written or filled
in this state. In implementing this program, the Board of Pharmacy
shall consult with the West Virginia State Police, the licensing
boards of practitioners affected by this article and affected
practitioners.

(b) The program authorized by subsection (a) of this section
shall be designed to minimize inconvenience to patients,
prescribing practitioners and pharmacists while effectuating the
collection and storage of the required information. The State Board
of Pharmacy shall allow reporting of the required information by
electronic data transfer where feasible, and where not feasible, on
reporting forms promulgated by the Board of Pharmacy. The
information required to be submitted by the provisions of this
article shall be required to be filed no more frequently than oncea weekwithin twenty-four hours.

(c) (1) The State Board of Pharmacy shall provide for the
electronic transmission of the information required to be provided
by this article by and through the use of a toll-free telephone
line.

(2) A dispenser, who does not have an automated record-keeping
system capable of producing an electronic report in the established
format may request a waiver from electronic reporting. The request
for a waiver shall be made to the State Board of Pharmacy in
writing and shall be granted if the dispenser agrees in writing to
report the data by submitting a completed "Pharmacy Universal Claim
Form" as defined by legislative rule.

§60A-9-4. Required information.

(a) Whenever a medical services provider dispenses a
controlled substance listed in Schedule II, III or IV, as
established under the provisions of article two of this chapter or
whenever a prescription for the controlled substance is filled by:
(i) A pharmacist or pharmacy in this state; (ii) a hospital, or
other health care facility, for out-patient use; or (iii) a
pharmacy or pharmacist licensed by the Board of Pharmacy, but
situated outside this state for delivery to a person residing in
this state, the medical services provider, health care facility,
pharmacist or pharmacy shall, in a manner prescribed by rules
promulgated by the Board of Pharmacy under this article, report the
following information, as applicable:

(1) The name, address, pharmacy prescription number and Drug
Enforcement Administration controlled substance registration number
of the dispensing pharmacy or the dispensing physician or dentist;

(2) The full legal name, address and birth date of the person
for whom the prescription is written;

(3) The name, address and Drug Enforcement Administration
controlled substances registration number of the practitioner
writing the prescription;

(4) The name and national drug code number of the Schedule II,
III and IV controlled substance dispensed;

(5) The quantity and dosage of the Schedule II, III and IV
controlled substance dispensed;

(6) The date the prescription was written and the date filled;
and

(7) The number of refills, if any, authorized by the
prescription;

(8) If the prescription being dispensed is being picked up by
someone other than the patient on behalf of the patient, the full
legal name, address and birth date of the person picking up the
prescription as set forth on the person’s government-issued photo
identification card shall be retained in either print or electronic
form until such time as otherwise directed by rule promulgated by
the board of pharmacy; and

(9) The source of payment for the controlled substance
dispensed.

(b) The Board of Pharmacy may prescribe by rule promulgated
under this article the form to be used in prescribing a Schedule
II, III and IV substance if, in the determination of the board, the
administration of the requirements of this section would be
facilitated.

(c) Products regulated by the provisions of article ten of
this chapter shall be subject to reporting pursuant to the
provisions of this article to the extent set forth in said article.

(d) Reporting required by this section is not required for a
drug administered directly to a patient or a drug dispensed by a
practitioner at a facility licensed by the state. Reporting is,
however, required by this section for a drug dispensed to a patient
by a practitioner: Provided, That the quantity dispensed is
limited tomay not exceed an amount adequate to treat the patient
for a maximum of seventy-two hours with no greater than two
seventy-two-hour cycles dispensed in any fifteen-day period of
time.

§60A-9-4a. Verification of identity.

Prior to releasing a Schedule II, III or IV controlled
substance sold at retail, a pharmacist or pharmacy shall verify the
full legal name, address and birth date of the person receiving or
otherwise acquiring the controlled substance by requiring the
presentation of a valid government-issued photo identification
card. This information shall be reported in accordance with the
provisions of this article information shall be retained in either
print or electronic form until such time as otherwise directed by
rule promulgated by the board of pharmacy.

§60A-9-5. Confidentiality; limited access to records; period of
retention; no civil liability for required reporting.

(a) (1) The information required by this article to be kept by
the State Board of Pharmacy is confidential and not subject to the
provisions of chapter twenty-nine-b of this code or obtainable as
discovery in civil matters absent a court order and is open to
inspection only by inspectors and agents of the State Board of
Pharmacy, members of the West Virginia State Police expressly
authorized by the Superintendent of the West Virginia State Police
to have access to the information, authorized agents of local
law-enforcement agencies as a membermembers of a federally
affiliated drug task force, authorized agents of the federal Drug
Enforcement Administration, duly authorized agents of the Bureau
for Medical Services and the Workers’ Compensation Commission, duly
authorized agents of the Office of the Chief Medical Examiner for
use in post-mortem examinations, duly authorized agents of
licensing boards of practitioners in this state and other states
authorized to prescribe Schedules II, III and IV controlled
substances, prescribing practitioners and pharmacists and persons
with an enforceable court order or regulatory agency administrative
subpoena: Provided, That all law-enforcement personnel who have
access to the Controlled Substances Monitoring Program database
shall be granted access in accordance with applicable state laws
and Board of Pharmacy legislative rules, shall be certified as a
West Virginia law-enforcement officer and shall have successfully
completed United States Drug Enforcement Administration Diversion
Training and National Association of Drug Diversion Investigation
Training. Provided, That allAll information released by the State
Board of Pharmacy must be related to a specific patient or a
specific individual or entity under investigation by any of the
above parties except that practitioners who prescribe or dispense
controlled substances may request specific data related to their
Drug Enforcement Administration controlled substance registration
number or for the purpose of providing treatment to a patient:Provided, however, That the West Virginia Controlled Substances
Monitoring Program Database Review Committee established in
subsection (b) of this section is authorized to query the database
to comply with said subsection.

(2) Subject to the provisions of subdivision (1) of this
subsection, the board shall also review the West Virginia
Controlled Substance Monitoring Program database and issue reports
that identify abnormal or unusual practices of patients who exceed
parameters as determined by the advisory committee established in
this section. The board shall communicate with prescribers and
dispensers to more effectively manage the medications of their
patients in the manner recommended by the advisory committee. All
other reports produced by the board shall be kept confidential. The
board shall maintain the information required by this article for
a period of not less than five years. Notwithstanding any other
provisions of this code to the contrary, data obtained under the
provisions of this article may be used for compilation of
educational, scholarly or statistical purposes, and may be shared
with the West Virginia Department of Health and Human Resources for
those purposes, as long as the identities of persons or entities
and any personally identifiable information, including protected
health information, contained therein shall be redacted, scrubbed
or otherwise irreversibly destroyed in a manner that will preserve
the confidential nature of the information.remain confidential. No
individual or entity required to report under section four of this
article may be subject to a claim for civil damages or other civil
relief for the reporting of information to the Board of Pharmacy as
required under and in accordance with the provisions of this
article.

(3) The board shall establish an advisory committee to
develop, implement and recommend parameters to be used in
identifying abnormal or unusual usage patterns of patients in this
state. This advisory committee shall:

(A) Consist of the following members: A physician licensed by
the West Virginia Board of Medicine, a dentist licensed by the West
Virginia Board of Dental Examiners, a physician licensed by the
West Virginia Board of Osteopathy, a licensed physician certified
by the American Board of Pain Medicine, a licensed physician board
certified in medical oncology recommended by the West Virginia
State Medical Association, a licensed physician board certified in
palliative care recommended by the West Virginia Center on End of
Life Care, a pharmacist licensed by the West Virginia Board of
Pharmacy, a licensed physician member of the West Virginia Academy
of Family Physicians, an expert in drug diversion and such other
members as determined by the board.

(B) Recommend parameters to identify abnormal or unusual usage
patterns of controlled substances for patients in order to prepare
reports as requested in accordance with subsection (a), subdivision
(2) of this section.

(C) Make recommendations for training, research and other
areas that are determined by the committee to have the potential to
reduce inappropriate use of prescription drugs in this state,
including, but not limited to, studying issues related to diversion
of controlled substances used for the management of opioid
addiction.

(D) Monitor the ability of medical services providers, health
care facilities, pharmacists and pharmacies to meet the twenty-four
hour reporting requirement for the Controlled Substances Monitoring
Program set forth in section three of this article, and report on
the feasibility of requiring real-time reporting.

(E) Establish outreach programs with local law enforcement to
provide education to local law enforcement on the requirements and
use of the Controlled Substances Monitoring Program database
established in this article.

(b) The Board of Pharmacy shall create a West Virginia
Controlled Substances Monitoring Program Database Review Committee
of individuals consisting of two prosecuting attorneys from West
Virginia counties, two physicians with specialties which require
extensive use of controlled substances and a pharmacist who is
trained in the use and abuse of controlled substances. The review
committee may determine that an additional physician who is an
expert in the field under investigation be added to the team when
the facts of a case indicate that the additional expertise is
required. The review committee, working independently, may query
the database based on parameters established by the advisory
committee. The review committee may make determinations on a
case-by-case basis on specific unusual prescribing or dispensing
patterns indicated by outliers in the system or abnormal or unusual
usage patterns of controlled substances by patients which the
review committee has reasonable cause to believe necessitates
further action by law enforcement or the licensing board having
jurisdiction over the prescribers or dispensers under
consideration. The review committee shall also review notices
provided by the chief medical examiner pursuant to subsection (h),
section ten, article twelve, chapter sixty-one of this code and
determine on a case-by-case basis whether a practitioner who
prescribed or dispensed a controlled substance resulting in or
contributing to the drug overdose may have breached professional or
occupational standards or committed a criminal act when prescribing
the controlled substance at issue to the decedent. Only in those
cases in which there is reasonable cause to believe a breach of
professional or occupational standards or a criminal act may have
occurred, the review committee shall notify the appropriate
professional licensing agency having jurisdiction over the
applicable prescriber or dispenser and appropriate law-enforcement
agencies and provide pertinent information from the database for
their consideration. The number of cases identified shall be
determined by the review committee based on a number that can be
adequately reviewed by the review committee. The information
obtained and developed may not be shared except as provided in this
article and is not subject to the provisions of chapter twenty-nine-b of this code or obtainable as discovering in civil matters
absent a court order.

(c) The Board of Pharmacy is responsible for establishing and
providing administrative support for the advisory committee and the
West Virginia Controlled Substances Monitoring Program Database
Review Committee. The advisory committee and the review committee
shall elect a chair by majority vote. Members of the advisory
committee and the review committee may not be compensated in their
capacity as members but shall be reimbursed for reasonable expenses
incurred in the performance of their duties.

(d) The board shall promulgate rules with advice and consent
of the advisory committee, in accordance with the provisions of
article three, chapter twenty-nine-a of this code on or before June
1, 2013. The legislative rules must include, but shall not be
limited to, the following matters: (1) Identifying parameters used
in identifying abnormal or unusual prescribing or dispensing
patterns; (2) processing parameters and developing reports of
abnormal or unusual prescribing or dispensing patterns for
patients, practitioners and dispensers; (3) establishing the
information to be contained in reports and the process by which the
reports will be generated and disseminated; and (4) setting up
processes and procedures to ensure that the privacy,
confidentiality, and security of information collected, recorded,
transmitted and maintained by the review committee is not disclosed
except as provided in this section.

(b)(e) All practitioners, as that term is defined in section
one hundred-one, article two of this chapter who prescribe or
dispense schedule II, III or IV controlled substances shall, on or
before July 1, 2011, have online or other form of electronic access
to the West Virginia Controlled Substances Monitoring Program
database;

(c)(f) Persons or entities with access to the West Virginia
Controlled Substances Monitoring Program database pursuant to this
section may, pursuant to rules promulgated by the Board of
Pharmacy, delegate appropriate personnel to have access to said
database;

(d)(g) Good faith reliance by a practitioner on information
contained in the West Virginia Controlled Substances Monitoring
Program database in prescribing or dispensing or refusing or
declining to prescribe or dispense a schedule II, III or IV
controlled substance shall constitute an absolute defense in any
civil or criminal action brought due to prescribing or dispensing
or refusing or declining to prescribe or dispense; and

(e) The Board of Pharmacy is hereby authorized to promulgate
an emergency rule under chapter twenty-nine-a to effectuate the
amendments to this section enacted during the 2010 Regular Session
of the Legislature.

(h) A prescribing or dispensing practitioner may notify law
enforcement of a patient who, in the prescribing or dispensing
practitioner’s judgment, may be in violation of section four
hundred ten, article four of this chapter, based on information
obtained and reviewed from the controlled substances monitoring
database. A prescribing or dispensing practitioner who makes a
notification pursuant to this subsection is immune from any civil,
administrative or criminal liability that otherwise might be
incurred or imposed because of the notification if the notification
is made in good faith.

(f)(i) Nothing in the article shallmay be construed to
requirearequire a practitioner to access the West Virginia
Controlled Substances Monitoring Program database except as
provided in section five-a of this article.

(j) The Board of Pharmacy shall provide an annual report on
the West Virginia Controlled Substance Monitoring Program to the
Legislative Oversight Commission on Health and Human Resources
Accountability with recommendations for needed legislation no later
than January 1 of each year.

(a) Upon initially prescribing or dispensing any
pain-relieving controlled substance for a patient and at least
annually thereafter should the prescriber or dispenser continue to
treat the patient with controlled substances, all persons with
prescriptive or dispensing authority and in possession of a valid
Drug Enforcement Administration registration identification number
and, who are licensed by the Board of Medicine as set forth in
article three, chapter thirty of this code, the Board of Registered
Professional Nurses as set forth in article seven, chapter thirty
of this code, the Board of Dental Examiners as set forth in article
four, chapter thirty of this code and the Board of Osteopathy as
set forth in article fourteen, chapter thirty of this code shall
access the West Virginia Controlled Substances Monitoring Program
database for information regarding specific patients for whom they
are providing pain-relieving controlled substances as part of a
course of treatment for chronic, nonmalignant pain but who are not
suffering from a terminal illness. The information obtained from
accessing the West Virginia Controlled Substances Monitoring
Program database for the patient shall be documented in the
patient’s medical record. A pain-relieving controlled substance
shall be defined as set forth in section one, article three-a,
chapter thirty of this code.

(b) The various boards mentioned in subsection (a) above shall
promulgate both emergency and legislative rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code to
effectuate the provisions of this section.

§60A-9-7. Criminal penalties.

(a) Any person who is required to submit information to the
state Board of Pharmacy pursuant to the provisions of this article
who fails to do so as directed by the board shall beis guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than $100 nor more than $500.

(b) Any person who is required to submit information to the
state Board of Pharmacy pursuant to the provisions of this article
who knowingly and willfully refuses to submit the information
required by this article shall beis guilty of a misdemeanor and,
upon conviction thereof, shall be confined in a county or regional
jail not more than six months or fined not more than $1,000, or
both confined or fined.

(c) Any person who is required by the provisions of this
article to submit information to the state Board of Pharmacy who
knowingly submits thereto information known to that person to be
false or fraudulent shall beis guilty of a misdemeanor and, upon
conviction thereof, shall be confined in a county or regional jail
not more than one year or fined not more than $5,000, or both
confined or fined.

(d) Any prescriber or dispenser who is required to access the
information contained in the West Virginia Controlled Substances
Monitoring Program database as set forth in subsection (a) of
section five-a of this article and fails to do so as directed by
the rules of their licensing board shall be subject to such
discipline as the licensing board deems appropriate.

(d)(e) Any person granted access to the information required
by the provisions of this article to be maintained by the state
Board of Pharmacy, who shall willfully disclose the information
required to be maintained by this article in a manner inconsistent
with a legitimate law-enforcement purpose, a legitimate
professional regulatory purpose, the terms of a court order or as
otherwise expressly authorized by the provisions of this article
shall beis guilty of a misdemeanor and, upon conviction thereof,
shall be confined in a county or regional jail for not more than
six months or fined not more than $1,000, or both confined or
fined.

(f) Unauthorized access or use or unauthorized disclosure for
reasons unrelated to the purposes of this article of the
information in the database is a felony punishable by imprisonment
in a state correctional facility for not less than one year nor
more than five years or fined not less than $3,000 nor more than
$10,000, or both imprisoned or fined.

§60A-9-8. Creation of Fight Substance Abuse Fund.

There is hereby created a special revenue account in the state
treasury, designated the Fight Substance Abuse Fund, which shall be
an interest-bearing account and may be invested in accordance with
the provisions of article six, chapter twelve of this code, with
interest income a proper credit to the fund. The fund shall
consist of appropriations by the Legislature, gifts, donations or
any other source. Expenditures from the fund shall be for the
following purposes: to provide funding for substance abuse
prevention, treatment, treatment coordination, recovery and
education.

ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-3. Definitions.

In this article:

(a) "Board of Pharmacy" or "board" means the West Virginia
Board of Pharmacy established by the provisions of article five,
chapter thirty of this code.

(b) "Designated precursor" means any drug product made subject
to the requirements of this article by the provisions of section
seven of this article.

(c) "Distributor" means any person within this state or
another state, other than a manufacturer or wholesaler, who sells,
delivers, transfers or in any manner furnishes a drug product to
any person who is not the ultimate user or consumer of the product.

(d) "Drug product" means a pharmaceutical product that
contains as its single active ingredient ephedrine, pseudoephedrine
or phenylpropanolamine or a substance identified on the
supplemental list provided for in section seven of this article
which may be sold without a prescription and which is labeled for
use by a consumer in accordance with the requirements of the laws
and rules of this state and the federal government.

(f) "Manufacturer" means any person within this state who
produces, compounds, packages or in any manner initially prepares
for sale or use any drug product or any such person in another
state if they cause the products to be compounded, packaged or
transported into this state.

(g) “National Association of Drug Diversion Investigators” or
“NADDI” means the non-profit 501(c)(3) organization established in
1989, made up of members who are responsible for investigating and
prosecuting pharmaceutical drug diversion, and that facilitates
cooperation between law enforcement, health care professionals,
state regulatory agencies and pharmaceutical manufacturers in the
investigation and prevention of prescription drug abuse and
diversion.

(h) “Multi-State Real-Time Tracking System” or “MSRTTS” means
the real-time electronic logging system provided by NADDI at no
cost to states that have legislation requiring real-time electronic
monitoring of precursor purchases, and agree to use the system.
MSRTTS is used by pharmacies and law enforcement to track sales of
over-the-counter (OTC) cold and allergy medications containing
precursors to the illegal drug, methamphetamine.

(i)(k) "Precursor" means any substance which may be used
along with other substances as a component in the production and
distribution of illegal methamphetamine.

(j)(l) "Pharmacist" means an individual currently licensed by
this state to engage in the practice of pharmacy and pharmaceutical
care as defined in subsection (t), section one-b, article fiftyfive, chapter thirty of this code.

(k)(m) "Pharmacy intern" has the same meaning as the term
"intern" as set forth in section one-b, article five, chapter
thirty of this code.

(l)(n) "Pharmacy" means any drugstore, apothecary or place
within this state where drugs are dispensed and sold at retail or
display for sale at retail and pharmaceutical care is provided
outside of this state where drugs are dispensed and pharmaceutical
care is provided to residents of this state.

(m)(o) "Pharmacy counter" means an area in the pharmacy
restricted to the public where controlled substances are stored and
housed and where controlled substances may only be sold,
transferred or dispensed by a pharmacist, pharmacy intern or
pharmacy technician.

(n)(p) "Pharmacy technician" means a registered technician
who meets the requirements for registration as set forth in article
five, chapter thirty of this code.

(o)(q) "Retail establishment" means any entity or person
within this state who sells, transfers or distributes goods,
including over-the-counter drug products, to an ultimate consumer.

(p)(r) "Schedule V" means the schedule of controlled
substances set out in section two hundred twelve, section two of
this chapter.

(q) “Single active ingredient” means those ingredients listed
on a drug product package as the only active ingredient in over the
counter medication or identified on the Schedule maintained by the
Board of Pharmacy as being primarily used in the illegal production
and distribution of methamphetamine.

(r)(s) "Superintendent of the State Police" or
"Superintendent" means the Superintendent of the West Virginia
State Police as set forth in section five, article two, chapter
fifteen of this code.

(s)(t) "Wholesaler" means any person within this state or
another state, other than a manufacturer, who sells, transfers or
in any manner furnishes a drug product to any other person in this
state for the purpose of being resold.

§60A-10-4. Purchase, receipt, acquisition and possession of
substances to be used as precursor to manufacture
of methamphetamine or another controlled
substance; offenses; exceptions; penalties.

(a) A pharmacy may not sell, transfer or dispense to the same
person, and a person may not purchase, more than seven and
five-tenths grams in a thirty day period or more than twenty-four
grams annually of ephedrine, pseudoephedrine or phenylpropanolamine
without a prescription. The limits shall apply to the total amount
of ephedrine, pseudoephedrine and phenylpropanolamine contained in
the products, and not the overall weight of the products.

(1) Any person who within any thirty day period knowingly
purchases, receives or otherwise possesses more than three packages
of a drug product containing as its single active ingredient
ephedrine, pseudoephedrine or phenylpropanolamineor more than nine
gramsknowingly purchases, receives or otherwise possesses more
than seven and five-tenths grams in a thirty day period or more
than twenty-four grams annually of ephedrine, pseudoephedrine or
phenylpropanolamine in any form without a prescriptionshall beis
guilty of a misdemeanor and, upon conviction, shall be confined in
a jail for not more than one year, fined not more than $1,000, or
both fined and confined.

(2) Any pharmacy, wholesaler or other entity operating the
retail establishment which sells, transfers or dispenses a product
in violation of this section is guilty of a misdemeanor and, upon
conviction, shall be fined not more than $1,000 for the first
offense, or more than $10,000 for each subsequent offense.

(b) Notwithstanding the provisions of subsectionsubdivision
(a)(1) of this section, any person convicted of a second or
subsequent violation of the provisions of said subsectionsubdivision or a statute or ordinance of the United States or
another state which contains the same essential elements shall beis guilty of a felony and, upon conviction, shall be confinedimprisoned in a state correctional facility for not less than one
nor more than five years, fined not more than $25,000, or both
imprisoned and fined.

(c) The provisions of subsection (a) of this section shall not
apply to:

(1) Products dispensed pursuant to a valid prescription;

(1)(2) Drug products which are for pediatric use primarily
intended for administration to children under the age of twelve;

(2)(3) Drug products which have been determined by the Board
of Pharmacy to be in a form which is unamenablenot amenable to
being used for the manufacture of methamphetamine; or

(d) Notwithstanding any provision of this code to the
contrary, any person who knowingly possesses any amount of
ephedrine, pseudoephedrine, phenylpropanolamine or other designated
precursor with the intent to use it in the manufacture of
methamphetamine or who knowingly possesses a substance containing
ephedrine, pseudoephedrine or phenylpropanolamine or their salts,
optical isomers or salts of optical isomers in a state or form
which is, or has been altered or converted from the state or form
in which these chemicals are, or were, commercially distributed
shall beis guilty of a felony and, upon conviction, shall be
confinedimprisoned in a state correctional facility for not less
than two nor more than ten years, fined not more than $25,000, or
both imprisoned and fined.

(e) (1) Any pharmacy, wholesaler, manufacturer or distributor
of drug products containing as their single active ingredient
ephedrine, pseudoephedrine, phenylpropanolamine, their salts or
optical isomers or salts of optical isomers or other designated
precursor shall obtain a registration annually from the State Board
of Pharmacy as described in section six of this article. Any such
pharmacy, wholesaler, manufacturer or distributor shall keep
complete records of all sales and transactions as provided in
section eight of this article. The records shall be gathered and
maintained pursuant to legislative rule promulgated by the Board of
Pharmacy.

(2) Any drug products possessed without a registration as
provided in this section are subject to forfeiture upon conviction
for a violation of this section.

(3) In addition to any administrative penalties provided by
law, any violation of this subsection is a misdemeanor, punishable
upon conviction by a fine in an amount not more than $10,000.§60A-10-5. Restrictions on the sale, transfer or delivery of
certain drug products; penalties.

(a) No pharmacy or individual may display, offer for sale or
place a drug product containing as its single active ingredient
ephedrine, pseudoephedrine or phenylpropanolamine or other
designated precursor where the public may freely access the drug
product. All such drug products or designated precursors shall be
placed behind a pharmacy counter where access is restricted to a
pharmacist, a pharmacy intern, a pharmacy technician or other
pharmacy employee.

(b) All storage of drug products regulated by the provisions
of this section shall be in a controlled and locked access location
that is not accessible by the general public and shall maintain
strict inventory control standards and complete records of quantity
of the product maintained in bulk form.

(c) No pharmacy shallmay sell, deliver or provide any drug
product regulated by the provisions of this section to any person
who is under the age of eighteen.

(d) If a drug product regulated by the provisions of this
section is transferred, sold or delivered, the individual, pharmacy
or retail establishment transferring, selling or delivering the
drug product shall offer to have a pharmacist provide patient
counseling, as defined by section one-b, article five, chapter
thirty of this code and the rules of the Board of Pharmacy, to the
person purchasing, receiving or acquiring the drug product in order
to improve the proper use of the drug product and to discuss
contraindications.

(d)(e) If a drug product regulated by the provisions of this
section is transferred, sold or delivered, the individual, pharmacy
or retail establishment transferring, selling or delivering the
drug product shall require the person purchasing, receiving or
otherwise acquiring the drug product to:

(1) Produce a valid government-issued photo identification
showing his or her date of birth; and

(2) Sign a formlogbook, in either paper or electronic format,
containing the information set forth in subsection (b), section
eight of this article and attesting to the validity of suchthe
information.

(e)(f) Any person who knowingly makes a false representation
or statement pursuant to the requirements of this section shall beis guilty of a misdemeanor and, upon conviction, be confined in a
jail for not more than six months, fined not more than $5,000, or
both fined and confined.

(g) (1) The pharmacist, pharmacy intern or pharmacy technician
processing the transaction shall determine that the name entered in
the logbook corresponds to the name provided on the identification.

(2) Beginning January 1, 2013, a pharmacy or retail
establishment shall, before completing a sale under this section,
electronically submit the information required by section eight of
this article to the Multi-State Real-Time Tracking System (MSRTTS)
administered by the National Association of Drug Diversion
Investigators (NADDI): Provided, That the system is available to
retailers in the state without a charge for accessing the system.
This system shall be capable of generating a stop-sale alert, which
shall be a notification that completion of the sale would result in
the seller or purchaser violating the quantity limits set forth in
this article. The seller may not complete the sale if the system
generates a stop-sale alert. The system shall contain an override
function that may be used by a dispenser of a drug product who has
a reasonable fear of imminent bodily harm if he or she does not
complete a sale. Each instance in which the override function is
utilized shall be logged by the system. Absent negligence,
wantonness, recklessness or deliberate misconduct, any retailer
utilizing the Multi-State Real-Time Tracking System in accordance
with this subdivision may not be civilly liable as a result of any
act or omission in carrying out the duties required by this
subdivision and is immune from liability to any third party unless
the retailer has violated any provision of this subdivision in
relation to a claim brought for the violation.

(3) If a pharmacy or retail establishment selling a
nonprescription product containing ephedrine, pseudoephedrine or
phenylpropanolamine experiences mechanical or electronic failure of
the Multi-State Real-Time Tracking System and is unable to comply
with the electronic sales tracking requirement, the pharmacy or
retail establishment shall maintain a written log or an alternative
electronic record keeping mechanism until such time as the pharmacy
or retail establishment is able to comply with the electronic sales
tracking requirement.

(e)(h) This section does not apply to drug products that are
dispensed pursuant to a prescription, are pediatric products
primarily intended for administration, according to label
instructions, to children under twelve years of age.

(f)(i) Any violation of this section is a misdemeanor,
punishable upon conviction by a fine in an amount not more than
$10,000.

(j) The provisions of this section supersede and preempt all
local laws, ordinances, rules and regulations pertaining to the
sale of any compounds, mixtures or preparation containing
ephedrine, pseudoephedrine or phenylpropanolamine.

§60A-10-7. Restricted products; rule-making authority.

(a) On or before July 1, 2005, the Board of Pharmacy shall
promulgate emergency and legislative rules pursuant to the
provision of article three, chapter twenty-nine-a of this code to
implement a program wherein the Board of Pharmacy shall consult
with the Superintendent of the State Police in identifying drug
products which are a designated precursor, in addition to those
that contain as their single active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine, that are commonly being
used in the production and distribution of methamphetamine. Those
drug products which the Superintendent of the State Police have
demonstrated by empirical evidence are commonly used in the
manufacture of methamphetamine shall be added to a supplemental
list and shall be subject to all of the restrictions of this
article. These rules established pursuant to this section shall
include:

(1) A process whereby pharmacies are made aware of all drug
products that contain as their single active ingredient ephedrine,
pseudoephedrine and phenylpropanolamine that will be listed as a
Schedule V substance and must be sold, transferred or dispensed
from behind a pharmacy counter;

(2) A process whereby pharmacies and retail establishments are
made aware of additional drug products added to Schedule V that are
required to be placed behind the pharmacy counter for sale,
transfer or distribution can be periodically reviewed and updated.

(b) At any time after July 1, 2005, the Board of Pharmacy,
upon the recommendation of the Superintendent of the State Police,
shall promulgate emergency and legislative rules pursuant to the
provision of article three, chapter twenty-nine-a of this code to
implement an updated supplemental list of products containing the
controlled substances ephedrine, pseudoephedrine or
phenylpropanolamine as an active ingredient or any other drug used
as a precursor in the manufacture of methamphetamine, which the
Superintendent of the State Police has demonstrated by empirical
evidence is being used in the manufacture of methamphetamine. This
listing process shall comport with the requirements of subsection
(a) of this section.

§60A-10-8. Reporting requirements; confidentiality.

(a) WheneverUntil January 1, 2013, upon eachthere is a sale,
retail, transfer or distribution of any drug product referred to in
section seven of this article or another designated precursor, the
pharmacist, pharmacy intern, or pharmacy technician making the
sale, transfer or distribution shall report the following
information for inclusion in athe central repository established
and maintained by the Board of Pharmacy:

(1) The date of the transaction;

(2) The name, address and driver's license or state-issued
identification number of the person; and

(3) The name, quantity of packages and total gram weight of
the product or products purchased, received or otherwise acquired.

(b) The information required to be reported by this section
shall be reported by paper log maintained at the point of sale:
Provided, That, beginning on January 1, 2007, reporting shall be by
electronic transmission to the Board of Pharmacy no more frequently
than once a week. Beginning on January 1, 2013, the electronic
transmission of the information required to be reported in
subsection (a) of this section shall be reported to the MSRTTS, and
shall be made in real time at the time of the transaction.

(c) The information required by this section shall be the
property of the state.The information shall be disclosed as
appropriate to the federal Drug Enforcement Administration and to
state and local law-enforcement agencies. The information shall
not be accessed, used or shared for any purpose other than to
ensure compliance with this article and federal law.and a
pharmacy shall have no duty to retain a copy of the information in
any format once the information has been reported to the Board of
Pharmacy as required by this section. NADDI shall forward state
transaction records in the MSRTTS to the West Virginia State Police
weekly, and provide real-time access to MSRTTS information through
the MSRTTS online portal to authorized agents of the federal Drug
Enforcement Administration and certified law enforcement in this
and other states for use in the detection of violations of this
article or of federal laws designed to prevent the illegal use,
production or distribution of methamphetamine.

§60A-10-11. Reporting to the Legislative Oversight Commission on Health and Human Resources Accountability.

On or before December 1, 2005Beginning July 1, 2013, the
Superintendent of the West Virginia State Police shall submit aan
annual report no later than July 1 of each yearincluding findings,
conclusions and recommendations, together with drafts of any
legislation necessary, to improve the effectiveness of a reduction
in illegal methamphetamine production and distribution to the
Legislative Oversight Commission on Health and Human Resources
Accountability for considerationwith data and statistics related
to methamphetamine use, production and distribution in this state
including, but not limited to, the number of clandestine
methamphetamine lab incidents per year.

§60A-10-16. Expiration of enactments made during two thousand eleven regular session.

The provisions of this article enacted during the 2012 regular
legislative session establishing the Multi–State Real-Time Tracking
System shall expire on June 30, 2014.

CHAPTER 61. CRIMES AND OTHER PUNISHMENT.

ARTICLE 12. POSTMORTEM EXAMINATIONS.

§61-12-10. When autopsies made and by whom performed; records of
date investigated; copies of records and
information; reporting requirements.

(a) If in the opinion of the chief medical examiner, or of the
county medical examiner of the county in which the death in
question occurred, it is advisable and in the public interest that
an autopsy be made, or if an autopsy is requested by either the
prosecuting attorney or the judge of the circuit court or other
court of record having criminal jurisdiction in that county, an
autopsy shall be conducted by the chief medical examiner or his or
her designee, by a member of his or her staff, or by a competent
pathologist designated and employed by the chief medical examiner
under the provisions of this article. For this purpose, the chief
medical examiner may employ any county medical examiner who is a
pathologist who holds board certification or board eligibility in
forensic pathology or has completed an American Board of Pathology
fellowship in forensic pathology to make the autopsies, and the
fees to be paid for autopsies under this section shall be in
addition to the fee provided for investigations pursuant to section
eight of this article. A full record and report of the findings
developed by the autopsy shall be filed with the office of the
chief medical examiner by the person making the autopsy.

(b) Within the discretion of the chief medical examiner, or of
the person making the autopsy, or if requested by the prosecuting
attorney of the county, or of the county where any injury
contributing to or causing the death was sustained, a copy of the
report of the autopsy shall be furnished to the prosecuting
attorney.

(c) The office of the chief medical examiner shall keep full,
complete and properly indexed records of all deaths investigated,
containing all relevant information concerning the death and the
autopsy report if such bean autopsy report is made. Any
prosecuting attorney or law-enforcement officer may secure copies
of these records or information necessary for the performance of
his or her official duties.

(d) Copies of these records or information shall be furnished,
upon request, to any court of law, or to the parties therein to
whom the cause of death is a material issue, except where the court
determines that interests in a civil matter conflict with the
interests in a criminal proceeding, in which case the interests in
the criminal proceeding shall take precedence. The office of chief
medical examiner shall be reimbursed a reasonable rate by the
requesting party for costs incurred in the production of records
under this subsection and subsection (c) of this section.

(e) The chief medical examiner is authorized to release
investigation records and autopsy reports to the multidisciplinary
team authorized by section three, article five-d, chapter
forty-nine of this code and as authorized in subsection (h) of this
section. At the direction of the Secretary of the Department of
Health and Human Resources the chief medical examiner may release
records and information to other state agencies when considered to
be in the public interest.

(f) Any person performing an autopsy under this section is
empowered to keep and retain, for and on behalf of the chief
medical examiner, any tissue from the body upon which the autopsy
was performed which may be necessary for further study or
consideration.

(g) In cases of the death of any infant in the State of West
Virginia where sudden infant death syndrome is the suspected cause
of death and the chief medical examiner or the medical examiner of
the county in which the death in question occurred considers it
advisable to perform an autopsy, it is the duty of the chief
medical examiner or the medical examiner of the county in which the
death occurred to notify the sudden infant death syndrome program
within the division of maternal and child health and to inform the
program of all information to be given to the infant's parents.

(h) If the chief medical officer determines that a drug
overdose is the cause of death of a person, the chief medical
examiner shall provide notice of the death to the West Virginia
Controlled Substances Monitoring Program Database Review Committee
established pursuant to subsection (b), section five, article nine,
chapter sixty-a of this code and shall include in the notice any
information relating to the cause of the fatal overdose.